Franklin-McKinley School District v. Lester

Plaintiff’s original complaint sought to condemn certain land owned by defendants for use as a school site. Thereafter, an amended complaint changed the location of the land to be condemned to another site, also owned by defendants.

The parties agreed that such an amendment constituted an abandonment of the proceeding as to the original site (County of Kern v. Galatas, 200 Cal.App.2d 353, 357 [19 Cal.Rptr. 348]) and that by reason thereof defendants became entitled to the costs provided for in section 1255a of the Code of Civil Procedure.

This section provides that, upon abandonment, “a…